Report Title:

Physician Licensure; Canadian Residency Programs Recognized

Description:

Recognizes Canadian medical residency programs and licensing exam for physician licensure purposes. Repeals BME's authority to recognize equivalent residency programs on a case-by-case basis. (SD2)

THE SENATE

S.B. NO.

2092

TWENTY-SECOND LEGISLATURE, 2004

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MEDICINE AND SURGERY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that in order to be eligible for licensure to practice medicine or surgery in Hawaii, an applicant must be either (1) a graduate of a medical school or college accredited by the Liaison Committee on Medical Education, and complete at least a one-year residency program accredited by the Accreditation Council for Graduate Medical Education (ACGME), or a one-year program with standards substantially equivalent to those required to obtain accreditation by the ACGME; or (2) a graduate of a foreign medical school, and have at least two years of residency in a program accredited by the ACGME. However, the ACGME accredits only residency programs in the United States.

The legislature also finds that state law limits the licensure of foreign medical school graduates to those who have completed an accredited residency program in the United States. The legislature further finds that the statutory restriction denies licensure to many highly qualified foreign medical school graduates who have completed foreign residency programs that are at least equivalent to American medical schools and residency programs.

The legislature further finds that the Royal College of Physicians and Surgeons of Canada, a medical accreditation body, has equivalent standards to the ACGME and actually seats two members of the United States' ACGME in order to ensure equivalent standards.

The Board of Medical Examiners has recently learned that many physicians in Hawaii are currently practicing without having met the criteria under existing law, due to an oversight by the Board. Several of these physicians have been long recognized as highly respected physicians in Hawaii. The legislature further finds that investigation into and revocation of their licenses could result in a severe disruption in the delivery of health care in this State.

The purpose of this Act is to recognize Canadian medical residency programs and the Canadian licensing exam for purposes of physician licensure and to repeal the Board of Medical Examiners' authority to recognize equivalent residency programs on a case-by-case basis.

SECTION 2. Section 453-4, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Before any applicant shall be eligible for licensure, the applicant shall furnish proof satisfactory to the board that:

(1) The applicant is of demonstrated competence and professional knowledge; and

(2) [(A)] The applicant is a graduate of [a]:

(A) A medical school or college whose program leading to the M.D. degree is accredited by the Liaison Committee on Medical Education, and has served a residency of at least one year in a program which has been accredited for the training of resident physicians by the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the College of Family Physicians of Canada [or if outside the United States, in a program which is shown by the applicant to the satisfaction of the board to possess standards substantially the equivalent of those required for accreditation by the Accreditation Council for Graduate Medical Education]; or

(B) [The applicant is a graduate of a] A foreign medical school and has had at least two years of residency in a program accredited by the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the College of Family Physicians of Canada, as applicable; and:

(i) Holds the national certificate of the Educational Commission for Foreign Medical Graduates, or its successor; or

(ii) Holds the certificate of the Fifth Pathway Program of the American Medical Association;

provided that for a period of two years after June 26, 1990, the requirements of subsection (b)(2)(B)(i) and (ii) shall not apply to any applicant who has had four years of residency in a program accredited by the Accreditation Council for Graduate Medical Education.

(c) Applicants who have passed, with scores deemed satisfactory by the board, the National Board of Medical Examiners examination (NBME), the Federation Licensing Examination (FLEX), [or] the United States Medical Licensing Examination (USMLE), or a combination of these examinations as approved by the board, [with scores deemed satisfactory by the board,] or the Medical Council of Canada Qualifying Examination (MCCQE), and who meet the requirements of subsection (b) shall be licensed without the necessity of any further examination; provided that with respect to any applicant, the board may require letters of evaluation, professional evaluation forms, and interviews with chiefs of service or attending physicians who have been associated with an applicant, or chief residents on a service who have been associated with an applicant during the applicant's training or practice, to be used by the board in assessing the applicant's qualifications to practice medicine."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.